TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Lester Sola, City of Miami Beach
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay. The project site is located within the East Biscayne Point Canal, West Biscayne Point Canal, and the Biscayne Point Canal. These residential canals are located at Biscayne Point in Miami Beach, Florida.
Directions to the site are as follows: Heading southbound on I-95, head towards NE 203rd St./Ives Dairy Rd in Ives Estates. Take Exit 16 from I-95 S. Take FL-856 E/William Lehman Causeway and Florida A1A S to Daytonia Road in Miami Beach.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.86401°
Longitude: -80.13615°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve navigation and drainage.
Overall: The overall project purpose is to improve navigation and drainage within the Biscayne Point canals in Miami Beach, Florida.
EXISTING CONDITIONS: The project site is a manmade residential canal system that provides boat access to the single-family properties along Biscayne Point. Based on historic dredging documentation, the canals were present as early as the year 1940. The six recent geotechnical borings confirmed the canals were previously dredged deeper than the proposed -5 MLW depth. The project area is surrounded by stabilized shorelines and docking facilities associated with the private residential homes that line the canals. The project is located within the Biscayne Bay Aquatic Preserve.
Submerged lands consist of silty muck with shell fragments. A marine resource survey was completed in August 2021 and seagrasses were found within the canals, including within the proposed dredging footprint. Seagrass is prevalent throughout the project footprint with up to 50% coverage.
PROPOSED WORK: The applicant seeks authorization to dredge 2,591 cubic yards of material from within 3.39 acres to a depth of -5 feet MLW (-7 feet NAVD). The contractor would utilize a shallow draft barge along the 1.4 miles of waterway within the three canals proposed to be dredged. The material would be dredged either mechanically or hydraulically and the spoils would be disposed at an approved upland location.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The dredging footprint has been reduced to the maximum extent practicable to avoid corals and mangroves and to minimize impacts to seagrasses growing on the submerged bottom of the canals. To reduce impacts to resources, a limited-width channel of 20 ft was implemented into the design, rather than dredging of the full 55-foot width of the canals.
The applicant submitted and will implement a Turbidity Control and Monitoring Plan. Floating turbidity curtains will be installed around areas that are being dredged. The dredging will be conducted in phases so only a small section of the canal will be exposed to turbidity at a time and turbidity will be monitored to ensure adherence with water quality standards. During water-based operations, work in shallow areas will be limited to activities being conducted during high tide to minimize disturbance to the canal bottom. The applicant has agreed to follow the U.S. Fish and Wildlife Service’s Standard Manatee Conditions for In-Water Work and the NOAA Fisheries Southeast Regional Office’s Protected Species Construction Conditions.
COMPENSATORY MITIGATION: The applicant has proposed the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: It is anticipated there will be 3.34 acres of seagrasses impacted. To offset unavoidable impacts to seagrasses, shoal preservation has been proposed at two shoals adjacent to Star Island in Miami Beach within Biscayne Bay totaling 5.66 acres. The shoals have been severely damaged by propeller scarring, and proposed mitigation involves the installation and perpetual maintenance of informational uniform waterway markers surrounding the impacted shoals, which will inform boaters of the shoal locations and reduce the potential for new scarring, while allowing the existing scars to naturally recover.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect the West Indian manatee (Trichechus manatus). The applicant is willing to follow the Standard Manatee Conditions for In-Water Work to minimize effects. The Corps has also determined that the proposed project may affect, but is not likely to adversely affect the green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), hawksbill sea turtle (Eretmochelys imbricata), leatherback sea turtle (Dermochelys coriacea), Kemp’s Ridley sea turtle (Lepidochelys kempii)], giant manta ray (Mobula birostris), and smalltooth sawfish (Pristis pectinata). The Corps will consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act. The Corps has determined that the project, as proposed, will have no effect on any other listed species.
ESSENTIAL FISH HABITAT (EFH): This notice initiates expanded consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act. The proposal would impact approximately 3.34 acres of seagrass habitat with up to 50% coverage that is utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in Biscayne Bay. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
NAVIGATION: The proposed maintenance dredging is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has been verified by Corps personnel.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to karen.m.urelius@usace.army.mil. Comments submitted electronically via email are preferred, however, comments may also be submitted by mail to the attention of the District Engineer through the Miami Permits Section, 9900 SW 107 Avenue, Suite 203, Miami, Florida 33176. Comments must be submitted within 30 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated waters. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Karen Urelius, in writing by electronic mail at Karen.M.Urelius@usace.army.mil; or, by telephone at (787)-370-8359.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP). FDEP verified that the proposed maintenance dredging is exempt under Chapter 62-330.051(7)(a) in File No. 13-0412799-002-EE, dated September 16, 2022, which provides Water Quality Certification.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. FDEP verified that the proposed maintenance dredging is exempt under Chapter 62-330.051(7)(a) in File No. 13-0412799-002-EE, dated September 16, 2022, which provides Coastal Zone Management Consistency.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.